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06-03-14 Special MeetingCITY COMMISSION LktLl?:X1 tff:1[ H CITY OF DELRAY BEACH, FLORIDA SPECIAL MEETING - TUESDAY, JUNE 3, 2014'"` 5:00 P.M. CITY HALL COMMISSION CHAMBERS r� 20U1 The City will furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact the City Manager at 243 -7010, 24 hours prior to the program or activity in order for the City to reasonably accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. SPECIAL MEETING AGENDA Pursuant to Section 3.12 of the Charter of the City of Delray Beach, the Mayor has instructed me to announce a Special Meeting of the City Commission to be held for the following purposes: CLOSED ATTORNEY /CLIENT SESSION: pursuant to F.S. 286.011(8) regarding Vincent Gray vs. City of Delray Beach, Ralph Phillips, and Anthony Strianese Case No. 5 02010CA3 03 5 9XXXXMB. 2. REVIEW AN OFFER OF SETTLEMENT IN THE CASE OF VINCENT GRAY AND THE CITY OF DELRAY BEACH, RALPH PHILLIPS AND ANTHONY STRIANESE: Consider an Offer of Settlement in the case of Vincent Gray and the City of Delray Beach, Ralph Phillips and Anthony Strianese. Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill Pyburn, Interim City Attorney THROUGH: Robert A. Barcinski, Acting City Manager DATE: May 29, 2014 SUBJECT: AGENDA ITEM SP.1- SPECIAL MEETING OF JUNE 3, 2014 CLOSED ATTORNEY /CLIENT SESSION BACKGROUND The purpose of this memorandum is to call for a closed attorney - client session pursuant to Florida Statutes §286.011(8) for the June 3, 2014 City Commission Special Meeting to discuss settlement negotiations and strategy related to litigation expenditures in the above case. Law requires strict compliance with Florida Statutes §286.011(8). Therefore, prior to the commencement of the closed attorney - client session, the Mayor should read the following: "The City has scheduled a closed attorney- client session pursuant to Florida Statutes §286.011(8) in the case of Vincent Gray vs. City of Delray Beach, Ralph Phillips, and Anthony Strianese Case No. 502010CA030359XXXXMB. The estimated length of the closed session shall be 45 minutes. The following persons will be attending: Mayor Cary Glickstein, Vice Mayor Shelly Petrolia, Deputy Vice Mayor Jordana Jarjura, Commissioner Adam Frankel, Commissioner Al Jacquet, Acting City Manager Robert Barcinski, Interim City Attorney Terrill Pyburn, outside counsel Rudy Gomez, Esq. and a certified court reporter." After the closed session is over, the Mayor should announce that the Special Meeting is reopened, and the closed session is terminated. By copy of this memorandum to Robert Barcinski, Acting City Manager, our office requests that the agenda be prepared giving reasonable public notice of the time and date of the closed attorney - client session for June 3, 2014 and that the agenda item include the name of the case, the names set forth above of those persons attending the session, and identify the item as a closed door session pursuant to Florida Statutes §286.011. Our office will arrange for a court reporter to be present as required by statute. Attached is a copy of Fla. Stat. §286.011. Statutes & Constitution :View Statutes : Online Sunshine The 2013 Florida Statutes Title XIX Select Year: 2013 ice: I1!11�001i � Chapter 286 PUBLIC BUSINESS PUBLIC BUSINESS: MISCELLANEOUS PROVISIONS Page 1 of 2 View Entire Chapter, 286.011 Public meetings and records; public inspection; criminal and civil penalties.— (1) All meetings of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision, except as otherwise provided in the Constitution, including meetings with or attended by any person elected to such board or commission, but who has not yet taken office, at which official acts are to be taken are declared to be public meetings open to the public at all times, and no resolution, rule, or formal action shall be considered binding except as taken or made at such meeting. The board or commission must provide reasonable notice of all such meetings. (2) The minutes of a meeting of any such board or commission of any such state agency or authority shall be promptly recorded, and such records shall be open to public inspection. The circuit courts of this state shall have jurisdiction to issue injunctions to enforce the purposes of this section upon application by any citizen of this state. (3)(a) Any public officer who violates any provision of this section is guilty of a noncriminal infraction, punishable by fine not exceeding $500. (b) Any person who is a member of a board or commission or of any state agency or authority of any county, municipal corporation, or political subdivision who knowingly violates the provisions of this section by attending a meeting not held in accordance with the provisions hereof is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (c) Conduct which occurs outside the state which would constitute a knowing violation of this section is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (4) Whenever an action has been filed against any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision to enforce the provisions of this section or to invalidate the actions of any such board, commission, agency, or authority, which action was taken in violation of this section, and the court determines that the defendant or defendants to such action acted in violation of this section, the court shall assess a reasonable attorney's fee against such agency, and may assess a reasonable attorney's fee against the individual filing such an action if the court finds it was filed in bad faith or was frivolous. Any fees so assessed may be assessed against the individual member or members of such board or commission; provided, that in any case where the board or commission seeks the advice of its attorney and such advice is followed, no such fees shall be assessed against the individual member or members of the board or commission. However, this subsection shall not apply to a state attorney or his or her duly authorized assistants or any officer charged with enforcing the provisions of this section. http:l /www.leg.state.fl.us /STATUTES /index.cfm?App_ node= Display_Statute &Search_St... 5/30/2014 Statutes & Constitution :View Statutes: Online Sunshine Page 2 of 2 (5) Whenever any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision appeals any court order which has found said board, commission, agency, or authority to have violated this section, and such order is affirmed, the court shall assess a reasonable attorney's fee for the appeal against such board, commission, agency, or authority. Any fees so assessed may be assessed against the individual member or members of such board or commission; provided, that in any case where the board or commission seeks the advice of its attorney and such advice is followed, no such fees shall be assessed against the individual member or members of the board or commission. (6) All persons subject to subsection (1) are prohibited from holding meetings at any facility or location which discriminates on the basis of sex, age, race, creed, color, origin, or economic status or which operates in such a manner as to unreasonably restrict public access to such a facility. (7) Whenever any member of any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision is charged with a violation of this section and is subsequently acquitted, the board or commission is authorized to reimburse said member for any portion of his or her reasonable attorney's fees. (8) Notwithstanding the provisions of subsection (1), any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision, and the chief administrative or executive officer of the governmental entity, may meet in private with the entity's attorney to discuss pending litigation to which the entity is presently a party before a court or administrative agency, provided that the following conditions are met: (a) The entity's attorney shall advise the entity at a public meeting that he or she desires advice concerning the litigation. (b) The subject matter of the meeting shall be confined to settlement negotiations or strategy sessions related to litigation expenditures. (c) The entire session shall be recorded by a certified court reporter. The reporter shall record the times of commencement and termination of the session, all discussion and proceedings, the names of all persons present at any time, and the names of all persons speaking. No portion of the session shall be off the record. The court reporter's notes shall be fully transcribed and filed with the entity's clerk within a reasonable time after the meeting. (d) The entity shall give reasonable public notice of the time and date of the attorney - client session and the names of persons who will be attending the session. The session shall commence at an open meeting at which the persons chairing the meeting shall announce the commencement and estimated length of the attorney- client session and the names of the persons attending. At the conclusion of the attorney - client session, the meeting shall be reopened, and the person chairing the meeting shall announce the termination of the session. (e) The transcript shall be made part of the public record upon conclusion of the litigation. History.—s. 1, ch. 67 -356; s. 159, ch. 71 -136; s. 1, ch. 78 -365; s. 6, ch. 85 -301; s. 33, ch. 91 -224; s. 1, ch. 93 -232; S. 210, ch. 95 -148, s. 1, ch. 95 -353; s. 2, ch. 2012 -25. Copyright © 1995 -2014 The Florida Legislature • Privacy Statement • Contact Us http: / /www.leg. state .fl.us /STATUTES /index.cfin?App mode= Display_Statute &Search St... 5/30/2014 MEMORANDUM TO: Mayor and City Commissioners FROM: Catherine M. Kozol, Asst. City Attorney /Police Legal Advisor THROUGH: Terrill Pyburn, Interim City Attorney DATE: May 30, 2014 SUBJECT: AGENDA ITEM SP.2 - SPECIAL MEETING OF JUNE 3, 2014 REVIEW AN OFFER OF SETTLEMENT BACKGROUND This case initially arose from a dispute between the former Asst. Chief Ralph Phillips and Sgt. Vincent Gray concerning the investigation of an arrest of the former Asst. Chiefs son on February 5, 2009. As a result of the dispute between the two, Sgt. Gray filed a whistle - blower lawsuit claiming that Asst. Chief Phillips had retaliated against him for complaining to the City about alleged illegal actions taken by Asst. Chief Phillips. Sgt. Gray also complained to the City that he had been subject to retaliation by the Delray Beach Police Department Command Staff and that Chief Anthony Strianese had tortiously interfered with his employment relationship with the City. Sgt. Gray also brought claims against Asst. Chief Phillips for defamation and tortious interference with an advantageous employment relationship. It should be noted that this case has no sovereign immunity fee cap. It should also be noted that Sgt. Gray's claims against Asst. Chief Phillips are still active and pending and Asst. Chief Phillips still has a derivative cross -claim against the City for attorney's fees if he prevails against Sgt. Gray's claims. To prevail against the City for attorney's fees, he must then establish that he was acting in his official capacity and within the course and scope of his official duties. Legal Department Review: This case was filed against the City on December 23, 2010. Mediation was held before a neutral mediator on May 9, 2014 at which time, terms were mutually agreed to for the resolution of Sgt. Gray's claims against the City of Delray Beach and Chief Anthony Strianese, subject to approval by the City Commission. Financial Department Review: N/A Discussion: This is an offer of settlement in the case of Vincent Gray vs. City of Delray Beach, Chief Anthony Strianese and Assistant Chief Ralph Phillips. The City Attorney's Office, PGCS and the Delray Beach Police Department are requesting the Commission to approve the mediated settlement agreement. Operating Cost: Not applicable. Timing of the Request: The Commission should render their decision at a scheduled Commission meeting as soon as practicable after consideration of the mediated settlement agreement. Recommendation(s): The City Attorney's Office, the City's outside counsel, Rudy Gomez, Esq., and the City's third party claims adjuster, PGCS, recommends approval of the mediated settlement agreement.